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Valid greencard holder since Jan 2008. Thinking to apply for citizenship. Got married w/ my wif outside of the US. Any problem?

Seattle, WA |

I am a greencard holder who maintains 6-monht continous residency and 30 months physical presence requirement since 2008. I am seriously thinking to apply for US citizenship right now. I have a wife who I met when she made a trip to US and officially got married last year in Japan where my country of origin is. I have frequent trips to Japan to stay with my wife; however, I come back to the states every 3 or 4 months, never breaks the continous residency requirement. I keep my bank account open and have a credit card issued in the US. Also, I still get a monthly income distribution from a real estate property for living. In my case, am I eligible to apply for the citizenship? Do you recommend I should get an advice from an immigration attorney in my case??

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Attorney answers 4


Yes, speak to an attorney and you should be able to file for your citizenship. Need to determine your other qualifications. So start with a consultation.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


You may apply for a green card for your spouse now. Then, when you are naturalized, you may have her application upgraded because she will then be a spouse of a US citizen. To accomplish these objectives, I recommend you speak with an immigration attorney to go over the eligibility, timing, and filing requirements. Best wishes!

(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.



Thanks for your prompt reply. She actually doesn't need a US permanent residency. I soley would like to obtain US citizenship.

Theodore S. Huang

Theodore S. Huang


Check out this page on continuous versus physical residence for naturalization purposes: Talk to an immigration attorney for an evaluation. Good luck.

Theodore S. Huang

Theodore S. Huang


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You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Definitely. You state that you always return to the U.S. every 3-4 months, but for how long? Even if you aren't out of the U.S. over 6 months at one time, if you are gone for 4 months and here for 2 weeks, gone for 3 months and here one week, the officer may allege that you are not residing in the U.S. Having a credit card and bank account isn't going to be sufficient. I've had numerous cases in which the applicant was out of the U.S., even more than one year, and so far we've won all those that I accepted to take. It is necessary to obtain evidence, and explain the circumstances, etc. It sounds like you do meet the basic requirements, but I'd definitely have someone familiar with the issue discuss evidence in your case.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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